Personal Injury Lawyers Nottingham & East Midlands

We specialise in helping victims of injury in the East Midlands claim the compensation they deserve

Amputation Negligence

Medical negligence can lead to life-changing conditions, including the loss of a limb. You don’t anticipate that when you entrust your health to the expertise of the medical profession that the result will be amputation but this devastating outcome is all too real for The Medical Negligence Experts clients who have asked for help claiming compensation.

What is Amputation Negligence?

Losing part of your body due to negligent care is something no patient should ever have to suffer. Medical negligence implies this situation was avoidable, and caused entirely by a failing, or several failings, of the staff providing your diagnosis and care.

The fact that limb loss from clinical negligence makes up only a small proportion of the number of medical negligence claims processed every year is of little comfort to someone who has suffered this way. Amputation affects every aspect of a person’s life. They and their family have to cope with the stress of lengthy physical and mental rehabilitation, and having to adapt their lives to cope with their physical limitations. For some patients this can also mean having to give up their career and retrain in a new field.

Causes of Amputation from Medical Negligence

There are two main medical reasons behind the majority of amputations due to medical negligence: misdiagnosis and mistreatment.

Misdiagnosis can include instances such as an undetected infection which leads to sepsis and loss of blood supply, or cancerous cells which are not detected in initial tests; while mistreatment can include surgical errors, inadequate post-surgical care, or conservative treatment of an infection when a patient should be referred for specialist care. All of these are real examples of cases in the UK where people have sought – and obtained – financial compensation for amputation negligence.

Types of amputation can range from a digit amputation where an entire finger or toe, or the tip of one, is removed, to a pelvic or shoulder disarticulation where the whole leg or arm is removed together with part of the pelvis and shoulder.

Amputation Compensation Claims

NHS figures show that between 5,000 and 6,000 amputations are carried out in the UK each year. The majority of these are related to progressive conditions such as diabetes, but some stem from medical negligence.

The Medical Negligence Experts understand that while your situation may appear similar to another person’s on paper, every patient is unique in the way their lives are affected by their amputation, in the nature of their rehabilitation, in their support network, and in how they approach their changed situation.

How Can We Help?

Our amputation claims solicitors obtain compensation which you can use in a variety of ways to help you move forward with your life, including privately funded rehabilitation, loss of earnings, adaptions for your home or a move to somewhere more suited to your needs, specialist sporting prosthetic limbs, mobility aids, and adapted cars.

Contact The Medical Negligence Experts today and let us start you on the path to a brighter future.

Personal Injury Lawyers

Have you been hurt in an accident at work? Maybe you’ve been injured in a car crash that wasn’t your fault, or possibly you’re looking for personal injury lawyers because food poisoning ruined your holiday abroad. Whatever the reason behind your need to claim, The Compensation Experts Nottingham & East Midlands can help you today.

What is a Personal Injury Lawyer?

Personal injury is a distinct branch of law that helps more than three million people claim compensation for wrongful injury in the United Kingdom every year. Personal injury lawyers specialise in certain areas of personal injury law, such as medical negligence, road traffic accidents, accidents at work, or armed forces accidents. Just as you wouldn’t see an optician if you have concerns about your knee, nor should you choose a lawyer who doesn’t have the experience and knowledge of your type of claim.

Personal injury law can seem complicated from the outside, but The Compensation Experts do all we can to make claiming as straightforward and stress-free as possible. We are happy to provide you with a free, no-obligation conversation to answer any initial questions you may have about whether you can make a claim, and how to go about doing so.

We work with some of Nottingham and East Midlands leading personal injury lawyers and will match you with one who has an excellent success rate for your type of compensation claim. To take away any worry about the cost associated with making a claim or the financial risk of being faced with legal fees if your claim is not successful, we give our clients the option of a No Win No Fee* agreement. With this, you do not have to pay a penny in legal costs if you do not receive any compensation. The Compensation Experts go above and beyond, to keep our clients informed of the progress of their claim and to make sure they understand what is happening at each step of the process.

Can I Claim Personal Injury Compensation?

You may be entitled to claim compensation if you have been injured in an accident caused by another party’s mistake or negligence. As the claimant, the onus is on you to demonstrate not only that you were hurt or made ill but that your injury could have been prevented if the other party had fulfilled their reasonable duty of care, whether they were an employer keeping machinery in good condition, a shopping centre manager ensuring a spillage was quickly cleared away, or the driver of another vehicle adhering to the highway code.

Your medical records are often sufficient evidence to show the type and extent of your injury, although there may be some occasions where a lawyer asks for the opinion of an independent medical expert. Serious injuries involving brain or spinal damage can take longer as their nature means it is not always clear how lasting damage will be, or the extent it will have on the victim’s life. It is a legal requirement for employers to report serious accidents to the Health and Safety Executive (HSE), which can also be used as evidence when proving your right to compensation.

The second stage is showing that you were not, or at least not wholly responsible, for causing your injury or illness, but that someone else was. Just because you have been hurt does not mean you are entitled to damages. Nor can you claim if someone made a mistake but you were not harmed.

For example:

  1. A patient is misdiagnosed which leads to a delay in their treatment and a worsening of their condition. When the initial doctor is investigated it is found that they took the same reasonable steps as would be expected from another person in their profession, and the misdiagnosis was not due to their mistakes or negligence. Despite the patient being injured (in a sense that their condition deteriorated), the doctor is not considered at fault, and there are no grounds to make a claim.
  2. A second patient is misdiagnosed and contacts a personal injury lawyer to seek compensation for the deterioration in their health. When investigating, their lawyer finds that a prior relevant illness was ignored and that another medical professional would reasonably have made a correct diagnosis with this information. The patient has grounds for a claim and receives compensation for damages.
  3. A third patient is misdiagnosed however the misdiagnosis has no impact on their health or their condition. They want acknowledgement and payment of damages for the situation. However, their claim is ruled as invalid by a court because, despite the doctor’s error, the patient suffered no harm.

Making a Personal Injury Claim

After getting the necessary information together and ensuring your claim is valid, your lawyer will send a letter to the party you believe to be responsible, known as the defendant. This letter will clearly state the nature of your injury and the circumstances that caused it, and ask whether they accept liability. The defendant has 21 days to acknowledge receipt of this letter, and then a further three months to provide a comprehensive reply stating whether they take responsibility and the reasons if not.

In over 90% of personal injury claims, the defendant accepts responsibility, and a settlement can be agreed without having to go to court. In a small number of requests, however, the defendant may not accept full liability, or you may not be able to agree on a fair and reasonable amount of compensation. In these instances, your lawyer may recommend you challenge their stance in court and ask a judge to decide. They will continue to negotiate as it is possible to reach a resolution even once a request has been submitted to the court and you are waiting for a date.

Personal Injury Claims FAQ

How long will my claim take?

There is not an exact timeframe in which a claim must be finalised. We can, however, give an indication based on similar claims, with those involving less serious injuries typically taking less time than those which cause severe and lasting damage. A claim for an ankle broken when slipping on a wet restaurant kitchen floor normally takes 5-8 months, while a medical negligence claim for a patient who has suffered brain damage can take two or more years.

How much compensation will I receive?

As with the duration, it is not possible to advise the amount of compensation you will receive at the beginning of the process. Your lawyer will be able to give you an approximate figure based on the nature and extent of your injury, the impact it has had on your life, expenses you have incurred since receiving your injury, and any financial implications it will have on you in the future.

How does a No Win No Fee agreement work?

Conditional agreements, more widely referred to as “no win no fee” take away the worry of paying large legal bills if your compensation claim is not successful. Instead of having to pay your lawyer’s hourly rate from the start of your application, you agree on upfront a percentage of your compensation which you will pay to your lawyer when your claim is closed. If you lose your claim, providing you have complied with the terms and conditions of your agreement, you do not have to pay legal fees.

What if the other party ignores my lawyer’s letter?

If the defendant does not acknowledge your request in writing within 21 days, or provide a full reply within the three months following, your lawyer may recommend you submit an application to the court for a Pre-Action Disclosure (PAD) for a court order to be granted that forces them to respond. You do not have to attend court for this.

What is split liability?

If you are partially responsible for your injuries or accident, your lawyer or the defendant may propose you settle the claim with split liability. For example, if you are injured in a car accident caused by another car merging into your lane without due care and attention, but you were speeding at the time of the crash which caused them to misjudge the time they had to safely move into your lane, there could be grounds for split liability. Split liability is usually 50/50 or 75/25, so you would only receive this proportion of any compensation.

Split liability can also happen where it is not possible to ascertain who was at fault due to the evidence available, or where the claimant and defendant will accept complete responsibility for the incident.

How long do I have to make a claim after my accident?

There is a statutory time limit of three years after an accident to make a personal injury claim in most instances. Exceptions are:

If you are a minor at the time of the accident, in which case you have until your 21st birthday

If your illness or injury developed or was diagnosed years after the negligence, such as asbestos-related lung disease. In this instance, you have three years from the date your illness was formally linked to the accident or negligence

Can I make a compensation claim for someone else?

You can submit a compensation claim on behalf of someone else, but any compensation will either be paid to them, their estate, or a trust set up to manage their payment if they are under the age of 18 or do not have the mental capacity to manage their funds. You can also make a claim on behalf of a person’s estate or their dependents.

Will I lose my job if I make a claim against my employer?

You have legal protection from being dismissed by your employer for making a compensation claim for an accident which happened at work and can sue them for unlawful dismissal if they do so. Employment law also protects you from being harassed or discriminated against in any way for bringing about a claim.

What expenses can I claim compensation for?

Compensation awards are calculated to cover pain and suffering from your injury, both now and the potential for it to continue in future; any wages lost while you have been recovering as well as future loss of earnings; the cost of any reasonable private medical treatment and prescriptions; and travel expenses. It can also pay for ongoing nursing care or domestic care; and any clothing or personal items which were damaged in the accident. The defendant will carefully scrutinise all of these amounts, and you will need to provide evidence such as receipts and statements of earning.

How long after my claim settles will I receive payment?

Claims settled out of court are usually paid 21 days after reaching an agreement, but it can vary by a week either side. If a judge settles your claim in court, they will also state a date by which payment must be made, which is usually 21 days. If the defendant does not pay within this time, you have the right to take them back to court.

Compensation money being paid by foreign insurance companies – for example, if you are claiming compensation for an accident you had in a hotel on holiday – can take up to six weeks.

Personal injury law exists to provide restitution for people who are injured through no fault or wrong-doing of their own. There is no reason you should have to struggle financially thanks to a physical injury that prevents you from working or causes expense in some other way, or have to pay to replace your personal property which was damaged or destroyed thanks to another person’s actions.

The Compensation Experts can help you claim compensation for any injury as long as there is medical evidence to substantiate it, and proof linking your injury to an accident or act of negligence such as providing inadequate safety equipment or training at work.

Contact us today. We are happy to answer any questions you have about whether you can make a claim and how to do so, so talk to us today to find out how we can assist you. Call and speak with an advisor directly, or fill in our online form and let us know when you want us to call or email you in reply.

*conditions may apply

    Start by speaking to our expert team now and find out how much your claim could be worth...

    Am I eligible?

    If you have been harmed physically in the last 3 years, due to someone else’s negligence, the short answer is yes.

    Exceptions to this are for instance industrial disease or if you were a child at the time of the accident you may have a longer period to claim.

    Find out more

    How much could I claim?

    As every injury is different, the amount of compensation paid out can differ case to case. Varying factors lead to the final figure include: extent of your injuries, earnings missed out on, future losses and more.

    Our dedicated team of lawyers will give you an indication of how much you could potentially claim for.

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    How does the process work?

    We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent & clear as possible.

    Your lawyer will gather all the evidence and will notify the negligent party that you wish to begin claim proceedings. With your lawyer negotiating on your behalf, you will be keep up to date every step of the way.

    Find out more